Intestate Succession
The statutory rules that decide who inherits when there is no valid will.
What Intestate Succession means in an estate
Every state has an intestate succession statute that ranks relatives in order. A surviving spouse and descendants come first, but the split between them is where states differ most: some give the spouse the entire estate, others divide it between the spouse and the children, and the answer often changes when there are children from an earlier relationship. The shares vary by state, so an inheritance chart from one state is not reliable in another.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how intestate succession is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.